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NY I82348





June 18, 2002

CLA-2-61:RR:NC:TA: 359 I82348

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055; 6110.11.0080; 6110.30.3020

Mr. James J. Kelly
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of three women’s garments from China and Hong Kong

Dear Mr. Kelly:

In your letter dated June 4, 2002, on behalf of Jones Apparel Group USA, Inc., you requested a tariff classification ruling.

You submitted three samples. Style M1B829397 is a woman’s pullover that is constructed from 100% nylon, openwork mesh knit fabric, over which there are crocheted yarns that are made from 89% wool, 11% polyester fibers and which serves as ornamentation (front panel) and 100% polyester, knit fabric (back panel and sleeves). The pullover features a round neckline, long hemmed sleeves, and a hemmed bottom.

The essential character is given by the front panel, Harmonized Tariff Schedule of the United States (HTS), General Rules of Interpretation (GRI), Rule 3, noted.

Style number P1TE35408 is a woman’s pullover that is constructed from 70% lambswool, 20% angora, 10% nylon, 2x2 rib knit fabric. The outer surface of the pullover measures more than 9 stitches per 2 centimeters in the horizontal direction. The pullover features a turtleneck, long sleeves, and a straight bottom.

Style P1TH25368 is a woman’s sweater that is constructed from 100% rayon, openwork crocheted fabric. The pullover features a mock collar with 4 loop button closures, long sleeves, and a straight bottom. The neckline, sleeves and the bottom have scalloped edges.

The applicable subheading for style M1B829397 will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for pullovers, knitted: of man made fibers: other other: women’s. The duty rate will be 32.4% ad valorem.

The subheading for style P1TE35408 will be 6110.11.0080, which provides for pullovers, knitted: of wool or fine animal hair: of wool: other: women’s. The duty rate will be 16.2% ad valorem.

The subheading for style P1TH25368 will be 6110.30.3020 which provides for sweaters, crocheted: of man made fibers: otherother: sweaters: women. The duty rate will be 32.4% ad valorem.

Style M1B829397 falls within textile category designation 639. Style P1TE35408 falls in category 438. Style P1TH25368 falls in category 646. Based upon international textile trade agreements products of China and Hong Kong are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Mike Crowley at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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